Trump’s Potential Disqualification Over Insurrection Allegations Heats Up as Election Day Approaches

As the 2024 presidential election draws near, the debate over former President Donald Trump‘s eligibility to hold office due to his alleged role in the January 6, 2021, insurrection at the U.S. Capitol has intensified. Democrats have long argued that Trump should be disqualified under Section Three of the 14th Amendment, which prohibits former government officials from holding office if they have engaged in an insurrection against the United States.

The Colorado Supreme Court previously endorsed the position that Trump’s actions on January 6, 2021, constituted an insurrection, but this ruling was overturned by the U.S. Supreme Court in *Trump v. Anderson*. The Supreme Court determined that states cannot unilaterally disqualify federal officeholders and that only Congress can enforce Section Three of the 14th Amendment.

Despite the Supreme Court’s ruling, the possibility of legislative action to disqualify Trump remains. If Democrats gain control of both congressional chambers, they could attempt to pass legislation creating a process to enforce Section Three. However, crafting such legislation would be challenging due to constitutional prohibitions on bills of attainder, which are laws that single out specific individuals for punishment.

Special Counsel Jack Smith did not charge Trump with insurrection, and no federal court has determined that the January 6 riot was an insurrection. This lack of a criminal conviction complicates any effort to disqualify Trump based on the insurrection statute.

Trump’s campaign has continued to deny any wrongdoing and has instead focused on baseless claims of election fraud, setting the stage for potential disputes over the election outcome. Trump has refused to commit to accepting the results of the election, win or lose, further escalating tensions around his potential disqualification).